If the property you are purchasing is held by a trust, be sure to get a copy of the trust documents to verify that all of the listed trustees will be signing the deed conveying title to you.

A title company will often handle this for you, but if you are closing the deal yourself, this is a vital step.

As you are reading through the trust, you may find that it is a successor trustee who is selling the property on behalf of the trust.

This usually occurs because the original trustee(s) has passed away.

In these cases, probate is not required; however, you will have to thoroughly read the trust to ensure all appropriate successor trustees will be signing the closing documents.

For example, we were once reviewing a trust that listed four successor trustees with language stating that they would administer the trust “in order of preference.”

Our seller believed this gave him sole authority to sell trust property since he was the first successor trustee listed.

However, the title company disagreed with his interpretation.

As it turned out, the other successor trustees didn’t want to sell and so we had to walk away from the property.

Also, keep in mind that an Affidavit of Death of Trustee may be required when the original trustee has passed away.

Again, a title company will handle this for you, but if you are closing yourself, it is worth checking with the county clerk and a local title company to make sure the appropriate documents are recorded.